Sole custody refers to “legal custody,” which indicates which parent makes the major decisions about the children. Sole legal custody is a child custody arrangement in which one parent is the primary caretaker of the kids and makes all the major decisions about the children, such as where they attend school, their medical treatment, whether or what religion will be in their life, and what extracurricular activities they will participate in.
When parents of minors decide to get divorced, determining a child custody agreement is a top priority for the courts and the parents. There are two decisions that need to be made, either by the parties in a settlement before trial or by the Judge at the end of a trial: where will the children reside most of the time (“residential,” or “physical,” custody) and which parent will make the major decisions about the children (“legal” custody)? For most people, the bigger decision is about the residential custody of the children.
Establishing a custody arrangement is an important aspect of a divorce for couples with children. While some such cases result in a judge granting one parent sole custody, others may involve a joint custody agreement—oftentimes without ever even going to trial.
Hiring a child custody lawyer who is dedicated to fighting for you and for what is in the best interests of your children is imperative. Without effective representation, you could end up wasting a lot of time and money for an agreement or court order that isn’t in your favor.
Part of finding the right legal counselor is learning key details about potential candidates to help you make this important decision.
When you are in a battle with your spouse regarding financial support, you may not initially think about the tax implications. However, understanding your federal and state tax regulations can help you prepare for your new financial situation. If you have been making qualified alimony payments, it is important to keep records so that when it is tax season, you have everything in order to reduce the taxes you owe.
When you're going through a divorce, you may be worried about many things: the potential outcome, the stress of your marital situation, the financial aspects, and the time and effort involved. A great divorce attorney can alleviate some of your concerns, making sure your case flows more smoothly and helping to achieve a more favorable outcome. Here are some qualities to look for when considering divorce attorneys in New York.
Oftentimes during a divorce, one party makes a claim for alimony.
Alimony, the monetary support of a spouse after separation or divorce, is ordered by the courts in certain situations after a review of many factors. Although alimony is a term used in many states, it is called “spousal maintenance” in New York.
When two people decide their marriage isn’t working, they may file for divorce right away. However, others may opt to separate and then divorce down the road if reconciliation is no longer a viable option. For you and your spouse to make the decision that works best for your situation, you first need to understand what the differences are between the two options.
The State of New York has very specific laws in place for calculating child support payments. These are set by the Child Support Standards Act within the New York State Domestic Relations Law and the Family Court Act. These laws also define who can be required to make child support payments. The net effect of the law is that custodial parents are paid child support by non-custodial parents each month for any qualifying children in their care.
Determining who has legal and residential custody of the children is a major part of the divorce process. Legal custody and residential custody are two different things.
You may hear a lot about parents having joint legal custody. This means they make major decisions regarding their children together. Such decisions include those involving the children’s education, extracurricular activities, religion, and health or medical issues. However, there are situations in which one parent — the custodial parent — is granted sole legal custody, giving him or her the authority to make those decisions about the kids on his or her own.